Kaminsky v. Blackshear

Nichols, Presiding Judge.

The defendant expressly abandoned all demurrers to the plaintiff’s petition except those special demurrers numbered 2, 3, 4 and 6 which attacked allegations contained in two paragraphs of the plaintiff’s petition as being conclusions unsupported by well pleaded facts.

The demurrers numbered 2, 3 and 4 attacked allegations of the petition that the plaintiff was driving at a lawful speed and was otherwise exercising ordinary care and diligence. Such allegations were allegations of fact, and not conclusions and the defendant’s special demurrers were properly overruled.…